Immigration Warrants Reform Act of 2026

An administrative warrant would need to document individualized probable cause that a noncitizen is removable, be signed by a supervising Department of Homeland Security officer at least 24 hours before it is carried out, and be issued with or based on a notice to appear. The warrant and notice would be served at the time of arrest.

A detained noncitizen could seek review every 60 days from an immigration judge or an appropriate federal district court. DHS would have to show by clear and convincing evidence that the person is a flight risk or a danger to the community.

Without a warrant, officers could arrest a noncitizen inside the United States only if they have probable cause to believe the person is removable, presents an imminent danger requiring immediate arrest, and is likely to escape before a warrant can be obtained. A judge or court would review the arrest within 24 hours and order prompt release if the required probable cause is not established and the person does not present an imminent danger.

An officer making an interior warrantless arrest would have to submit a sworn written statement with an individualized assessment of probable cause to a supervisory immigration officer within 12 hours.

The bill would specify that the referenced inspection and detention provision applies to an applicant for admission at the border who is not, and was not, paroled into the United States.